S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2791

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to enact the "New York farmer recruitment and  retention  act  of
  2013";  to  direct  the  board  of regents and education department to
  study agricultural education programs (Part A); to amend the education
  law, in relation to enacting  the  "agriculture  producer  scholarship
  act"  and making appropriations therefor (Part B); to amend the educa-
  tion law, in relation to establishing the producer's loan  forgiveness
  program  (Part  C);  to  direct the board of regents and the education
  department to implement an outreach program  to  encourage  elementary
  and  secondary  students to enter the agricultural field (Part D); and
  to direct the commissioner of agriculture and  markets  to  report  on
  reducing  the  taxation for landowners who use their land for agricul-
  tural production (Part E)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York farmer recruitment and retention act of 2013".
  S 2. This act enacts into law major components  of  legislation  which
are  necessary to enact this chapter of the laws of 2013. Each component
is wholly contained within a Part identified as Parts A through  E.  The
effective  date for each particular provision contained within such Part
is set forth in the last section of such  Part.  Any  provision  in  any
section  contained  within  a  Part, including the effective date of the
Part, which makes reference to a section "of this  act",  when  used  in
connection  with  that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in  which  it  is  found.
Section  four  of this act sets forth the general effective date of this
act.

                                 PART A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06268-01-3
              

S. 2791                             2

  Section 1. Legislative findings and  intent.  The  legislature  hereby
recognizes  the need to increase the number of producers to continue the
long tradition of agricultural production in New York state. The average
age of a farm operator in the state is fifty-four years of age. In 2004,
less  than  1,000  students  were  awarded  degrees  in agriculture by a
college in this state and the majority of these degrees were not awarded
in a discipline leading to a career  as  a  producer.  The  agricultural
industry  has  a  substantial  impact on the overall economic health and
well-being of the state, and it is in the best interest of the state  to
ensure  that enough producers are recruited and retained in agricultural
production.
  S 2. The board of regents and the education department,  in  consulta-
tion with the department of agriculture and markets, shall:
  (a)  Investigate  current  education programs for agriculture in voca-
tional-technical schools, community colleges and universities, to  iden-
tify the scope of agricultural education programs in the state;
  (b)  Identify  non-traditional college education programs administered
in other states and other countries;
  (c) Develop a model for articulation and  career  mobility  to  enable
producers  in  every agricultural production field to progress to owner-
ship or management of land used in agricultural production,  as  defined
in subdivision 4 of section 301 of the agriculture and markets law; and
  (d)  Develop models for innovative agriculture education programs that
will encourage individuals to become producers,  utilizing  an  agricul-
tural  mentoring  program  from  degree  award  to retirement, including
continuing education opportunities.
  S 3. The board of regents and the education department  shall  present
their final findings and recommendations to the legislature on or before
January 1, 2014.
  S 4. This act shall take effect immediately.

                                 PART B

  Section  1.  Short  title. This act shall be known and may be cited as
the "agriculture producer scholarship act".
  S 2. Section 605 of the education law  is  amended  by  adding  a  new
subdivision 13 to read as follows:
  13.  AGRICULTURE  PRODUCER  SCHOLARSHIPS. A. PURPOSE. THE COMMISSIONER
SHALL AWARD SCHOLARSHIPS FOR THE PURPOSE OF  INCREASING  THE  NUMBER  OF
PRODUCERS  IN THE STATE. SUCH SCHOLARSHIPS SHALL BE AWARDED ON A COMPET-
ITIVE BASIS, IN ACCORDANCE WITH CRITERIA ESTABLISHED BY THE  COMMISSION-
ER,  TO  STATE RESIDENTS WHO DEMONSTRATE ACADEMIC MERIT FOR ADMISSION TO
AN UNDERGRADUATE AGRICULTURE PROGRAM WHICH THE  COMMISSIONER  DETERMINES
WILL ENHANCE THE RECIPIENT'S PROFICIENCY AS AN AGRICULTURAL OPERATOR.
  B.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION, APPLICANTS SHALL AGREE TO SERVE, UPON  COMPLETION  OF  THE  DEGREE
PROGRAM,  AS  A  PRODUCER  ON  A FULL-TIME BASIS WITHIN THE STATE.  SUCH
SERVICE SHALL BE COMPLETED IN ACCORDANCE WITH  CRITERIA  ESTABLISHED  BY
THE COMMISSIONER.
  C.  AGREEMENTS.  THE PRESIDENT SHALL, IN CONSULTATION WITH THE COMMIS-
SIONER, DEVELOP AND SECURE FROM  EACH  SUCCESSFUL  APPLICANT  A  WRITTEN
AGREEMENT  TO  SERVE  AS AN AGRICULTURAL OPERATOR IN THIS STATE.  WITHIN
SUCH TIME AS THE COMMISSIONER SHALL BY REGULATION PROVIDE,  A  RECIPIENT
OF  AN  AWARD  SHALL HAVE SERVED FOR THAT NUMBER OF MONTHS CALCULATED BY
MULTIPLYING BY NINE THE NUMBER OF ANNUAL PAYMENTS RECEIVED BY THE RECIP-
IENT. IN NO CASE SHALL THE TOTAL NUMBER OF MONTHS OF SERVICE REQUIRED BE

S. 2791                             3

LESS THAN TWENTY-FOUR. IF A RECIPIENT FAILS TO COMPLY  FULLY  WITH  SUCH
CONDITIONS, THE PRESIDENT SHALL BE ENTITLED TO RECEIVE FROM SUCH RECIPI-
ENT AN AMOUNT TO BE DETERMINED BY THE FORMULA:
                               A=2B (T-S)
                                     ----
                                       T
  IN  WHICH  "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER; "B"
IS THE SUM OF ALL PAYMENTS MADE TO THE RECIPIENT AND   THE  INTEREST  ON
SUCH AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID
THEY  WERE LOANS BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T" IS
THE TOTAL NUMBER OF  MONTHS  IN  THE  RECIPIENT'S  PERIOD  OF  OBLIGATED
SERVICES;  AND  "S" IS THE NUMBER OF MONTHS OF SERVICE ACTUALLY RENDERED
BY THE RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO  RECOVER
PURSUANT  TO  THIS  PARAGRAPH  SHALL BE PAID WITHIN THE FIVE-YEAR PERIOD
BEGINNING ON THE DATE THAT THE RECIPIENT  FAILED  TO  COMPLY  WITH  THIS
SERVICE  CONDITION.  NOTHING  IN  THE WRITTEN AGREEMENT SHALL AFFECT THE
TERMS OF EMPLOYMENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE  AND
APART  FROM THE PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT
WITH AN AGENCY, INSTITUTION OR A PROGRAM, IN WHICH HE OR  SHE  SHALL  BE
EMPLOYED.  ANY  OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN
THIS SUBDIVISION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. THE
COMMISSIONER SHALL MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPEN-
SION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  D. REPORT. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY  TO  THE  NEW
YORK STATE HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY
IT,  AS TO THE PERFORMANCE OF THE REQUIRED SERVICES, COMMENCING WITH THE
CALENDAR YEAR IN WHICH THE RECIPIENT BEGINS TO SERVE AS  AN  AGRICULTURE
PRODUCER  IN  THIS  STATE  AND CONTINUING UNTIL THE RECIPIENT SHALL HAVE
COMPLETED, OR IT IS DETERMINED THAT HE OR SHE SHALL NOT BE OBLIGATED  TO
COMPLETE, THE REQUIRED SERVICES. IF THE RECIPIENT SHALL FAIL TO FILE ANY
REPORT REQUIRED PURSUANT TO THIS PARAGRAPH WITHIN THIRTY DAYS OF WRITTEN
NOTICE  TO THE RECIPIENT, MAILED TO THE ADDRESS SHOWN ON THE LAST APPLI-
CATION FOR AN AWARD OR LAST REPORT FILED, WHICHEVER IS LATER, THE PRESI-
DENT MAY IMPOSE A FINE OF UP TO  ONE  THOUSAND  DOLLARS.  THE  PRESIDENT
SHALL  HAVE  THE  DISCRETION  TO  WAIVE THE FILING OF A REPORT, EXCUSE A
DELAY IN FILING OR A FAILURE TO FILE A REPORT, OR WAIVE  OR  REDUCE  ANY
FINE IMPOSED FOR GOOD CAUSE SHOWN.
  S  3.  The  education  law is amended by adding a new section 671-a to
read as follows:
  S 671-A. AGRICULTURE PRODUCER  SCHOLARSHIPS.  1.  NUMBER  AND  CERTIF-
ICATION.  TWENTY-FIVE AGRICULTURE PRODUCER SCHOLARSHIPS SHALL BE AWARDED
IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN ACADEMIC YEAR AND  AN
ADDITIONAL TWENTY-FIVE SCHOLARSHIPS SHALL BE AWARDED IN THE TWO THOUSAND
FIFTEEN--TWO  THOUSAND SIXTEEN ACADEMIC YEAR. SUCH SCHOLARSHIPS SHALL BE
ALLOCATED AS PROVIDED IN SUBDIVISION THIRTEEN  OF  SECTION  SIX  HUNDRED
FIVE OF THIS TITLE TO ELIGIBLE STUDENTS AS CERTIFIED TO THE PRESIDENT BY
THE COMMISSIONER.
  2.  DURATION.  EACH SUCH SCHOLARSHIP SHALL ENTITLE THE RECIPIENT TO AN
ANNUAL AWARD FOR EACH YEAR WHILE ENROLLED IN AN APPROVED COURSE OF STUDY
LEADING TO AN UNDERGRADUATE DEGREE IN AGRICULTURE, BUT NOT EXCEEDING THE
NORMAL PERIOD OF STUDY REQUIRED TO COMPLETE  THE  REQUIREMENTS  FOR  THE
PROGRAM, AS SUCH APPROVED COURSES AND NORMAL PERIODS OF STUDY ARE DETER-
MINED BY THE COMMISSIONER.
  3.  AMOUNT. THE PRESIDENT SHALL MAKE ANNUAL AWARDS OF FIFTEEN THOUSAND
DOLLARS, FOR UP TO FOUR ACADEMIC YEARS FOR ANY  RECIPIENT,  EXCEPT  THAT
SUCH  ANNUAL  AWARD SHALL NOT EXCEED THE RECIPIENT'S COST OF ATTENDANCE.

S. 2791                             4

FOR THE PURPOSES OF THIS SUBDIVISION, "COST OF  ATTENDANCE"  SHALL  MEAN
THE  COST  OF:  TUITION AT AN APPROVED UNDERGRADUATE PROGRAM IN AGRICUL-
TURE; LABORATORY AND OTHER FEES; ROOM AND BOARD; SUPPLIES; HEALTH INSUR-
ANCE  COVERAGE;  BOOKS  AND  A  STIPEND  FOR DAILY LIVING EXPENSES IN AN
AMOUNT TO BE DETERMINED  BY  THE  PRESIDENT  IN  CONSULTATION  WITH  THE
COMMISSIONER.
  S  4.  The sum of fifty thousand dollars ($50,000), or so much thereof
as may be necessary, is hereby appropriated to the education  department
out of any moneys in the state treasury in the general fund to the cred-
it  of the state operations account, not otherwise appropriated, for its
services  and  expenses  incurred  to  administer  and   implement   the
provisions  of  this  act  in the 2014--2015 state fiscal year. Such sum
shall be payable on vouchers certified or approved by  the  commissioner
of  education  upon  audit  and  warrant of the state comptroller in the
manner prescribed by law.
  S  5.  The  sum  of  one  million  five   hundred   thousand   dollars
($1,500,000),  or  so much thereof as may be necessary, is hereby appro-
priated to the higher education services corporation out of  any  moneys
in  the  state  treasury  in the general fund to the credit of the local
assistance  account,  not  otherwise  appropriated,  to  carry  out  the
purposes  of  this act, including costs of award of scholarships and for
its services and expenses  incurred  to  administer  and  implement  the
provisions  of  this  act  in the 2014--2015 state fiscal year. Such sum
shall be payable on vouchers certified or approved by the  president  of
the  higher education services corporation upon audit and warrant of the
state comptroller in the manner prescribed by law.
  S 6. This act shall take effect immediately, and shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART C

  Section 1. Section 605 of the education law is amended by adding a new
subdivision 14 to read as follows:
  14.  PRODUCER'S  LOAN  FORGIVENESS  PROGRAM.  REGENTS LOAN FORGIVENESS
AWARDS SHALL BE AWARDED ANNUALLY TO FARM OPERATOR APPLICANTS  WHO  AGREE
TO  OPERATE AN AGRICULTURAL OPERATION ON A FULL-TIME BASIS.  SUCH AWARDS
SHALL BE GRANTED ANNUALLY, AND SHALL  BE  CLASSIFIED  AND  ALLOCATED  IN
ACCORDANCE WITH REGENTS RULES.
  A.  (1)  THE APPLICANT SHALL BE A RESIDENT OR PERMANENT RESIDENT ALIEN
OF THIS STATE AND A GRADUATE  OF  AN  INSTITUTION  OF  HIGHER  EDUCATION
APPROVED OR REGISTERED BY THE REGENTS.
  (2) THE APPLICANT SHALL AGREE TO ENGAGE IN SUCH EMPLOYMENT FOR A PERI-
OD OF TIME WHICH SHALL BE NOT LESS THAN FIVE YEARS.
  B. PRIORITY SHALL BE ACCORDED TO APPLICANTS IN THE FOLLOWING ORDER:
  (1)  FIRST,  TO  ANY  APPLICANT  WHO  IS COMPLETING THE SECOND, THIRD,
FOURTH OR FIFTH YEAR OF THE SERVICE REQUIREMENT AND IS REAPPLYING FOR  A
NEW AWARD;
  (2)  SECOND,  TO  ANY  APPLICANT  WHO IS ECONOMICALLY DISADVANTAGED AS
DEFINED BY THE REGENTS;
  IN THE EVENT THAT THERE ARE MORE APPLICANTS WHO HAVE THE SAME PRIORITY
THAN THERE ARE REMAINING SCHOLARSHIPS, THE COMMISSIONER SHALL DISTRIBUTE
THE REMAINING NUMBER OF SUCH SCHOLARSHIPS BY MEANS OF A LOTTERY OR OTHER
FORM OF RANDOM SELECTION.
  C. THE COMMISSIONER SHALL THEN FORWARD APPROVED  APPLICATIONS  TO  THE
PRESIDENT AND SHALL NOTIFY UNSUCCESSFUL APPLICANTS.
  D. THE PRESIDENT SHALL NOTIFY APPLICANTS OF THEIR AWARD ENTITLEMENT.

S. 2791                             5

  E. THE PRESIDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER, DEVELOP
AND  SECURE FROM EACH SUCCESSFUL APPLICANT A WRITTEN AGREEMENT TO ENGAGE
IN SUCH EMPLOYMENT, AS APPROPRIATE. WITHIN SUCH TIME AS THE COMMISSIONER
SHALL BY REGULATION PROVIDE, A RECIPIENT OF AN AWARD SHALL HAVE  ENGAGED
IN  SUCH EMPLOYMENT AS APPROPRIATE, FOR THAT NUMBER OF MONTHS CALCULATED
BY MULTIPLYING BY TWELVE THE NUMBER OF ANNUAL PAYMENTS RECEIVED  BY  THE
RECIPIENT.  IN  NO  CASE  SHALL  THE  TOTAL  NUMBER OF MONTHS OF SERVICE
REQUIRED BE LESS THAN TWENTY-FOUR. IF A RECIPIENT FAILS TO COMPLY  FULLY
WITH  SUCH  CONDITIONS,  THE PRESIDENT SHALL BE ENTITLED TO RECEIVE FROM
SUCH RECIPIENT AN AMOUNT TO BE DETERMINED BY THE FORMULA:

                                A=B(T-S)
                                 --------
                                      T

  IN WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO  RECOVER;  "B"
IS  THE  SUM  OF  ALL PAYMENTS MADE TO THE RECIPIENT AND THE INTEREST ON
SUCH AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID
THEY WERE LOANS BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T"  IS
THE  TOTAL  NUMBER  OF  MONTHS  IN  THE  RECIPIENT'S PERIOD OF OBLIGATED
SERVICES; AND "S" IS THE NUMBER OF MONTHS OF SERVICE  ACTUALLY  RENDERED
BY  THE RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO RECOVER
UNDER THIS PARAGRAPH SHALL BE PAID WITHIN THE FIVE-YEAR PERIOD BEGINNING
ON THE DATE THAT THE RECIPIENT FAILED TO COMPLY WITH THIS SERVICE CONDI-
TION. NOTHING IN THE WRITTEN AGREEMENT SHALL AFFECT THE TERMS OF EMPLOY-
MENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE AND APART FROM  THE
PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT WITH AN AGENCY,
INSTITUTION OR A PROGRAM IN WHICH HE OR SHE SHALL BE EMPLOYED.
  ANY  OBLIGATION  TO  COMPLY  WITH  SUCH PROVISIONS OF THIS SUBDIVISION
SHALL BE CANCELLED UPON THE DEATH OF  THE  RECIPIENT.  THE  COMMISSIONER
SHALL  MAKE  REGULATIONS  TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY
FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  F. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW YORK STATE
HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY IT, AS  TO
THE  PERFORMANCE  OF THE REQUIRED SERVICES, COMMENCING WITH THE CALENDAR
YEAR IN WHICH THE RECIPIENT BEGINS SUCH EMPLOYMENT AND CONTINUING  UNTIL
THE  RECIPIENT  SHALL HAVE COMPLETED, OR IT IS DETERMINED THAT HE OR SHE
SHALL NOT BE OBLIGATED TO COMPLETE, THE REQUIRED SERVICES. IF THE RECIP-
IENT SHALL FAIL TO FILE ANY REPORT REQUIRED PURSUANT TO  THIS  PARAGRAPH
WITHIN  THIRTY  DAYS  OF  WRITTEN NOTICE TO THE RECIPIENT, MAILED TO THE
ADDRESS SHOWN ON THE LAST APPLICATION FOR AN AWARD OR LAST REPORT FILED,
WHICHEVER IS LATER, THE PRESIDENT MAY IMPOSE A FINE OF UP TO  ONE  THOU-
SAND  DOLLARS.  THE  PRESIDENT  SHALL  HAVE  THE DISCRETION TO WAIVE THE
FILING OF A REPORT, EXCUSE A DELAY IN FILING OR  A  FAILURE  TO  FILE  A
REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD CAUSE SHOWN.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided, however, that any rules or regu-
lations necessary for the timely  implementation  of  this  act  on  its
effective date shall be promulgated on or before such effective date.

                                 PART D

  Section  1.  The  board  of  regents  and the education department, in
consultation with the  department  of  agriculture  and  markets,  shall
develop  and  implement  an outreach campaign encouraging elementary and
secondary education students to enter the agricultural field and  attend

S. 2791                             6

one  of  New  York  state's college agriculture education programs. Such
outreach campaign shall  continue  until  December  31,  2018  or  until
enrollment  in  undergraduate agricultural programs increases by twenty-
five percent.
  S 2. This act shall take effect immediately.

                                 PART E

  Section  1.  Report on agriculture taxation. The commissioner of agri-
culture and markets shall study and make recommendations to the governor
and the legislature within eighteen months of the effective date of this
section on reducing the taxation for landowners who  use  land  for  the
production  of  agricultural commodities within and outside agricultural
districts, pursuant to article 25-AA of the agriculture and markets law.
  S 2. This act shall take effect immediately.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved  in  the  controversy  in  which  such
judgement  shall  have  been  rendered.  It is hereby declared to be the
intent of the legislature that this act would have been enacted even  if
such invalid provisions had not been included herein.
  S  4.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through E of this act shall  be
as specifically set forth in the last section of such Parts.